court summons for benefit fraud. please help.

[FitzWilliam]

There are quite a few other threads regarding this kind of thing, have you read them?

 

You can search for these similar threads by clicking on 'Search' on the blue bar, then 'Advanced Search'. Then in 'Search by Key Word' type 'fraud' and under 'Search in Forums' highlight 'Benefits, Tax Credits [etc]'.

 

Finally, click 'Search Now'. This narrows you to 9 pages of threads and you can pick the most promising ones from there.

 

There is bound to be useful information for you in some of the threads.

 

Magistrates' Courts

 

I've recently visited our local magistrates' court a few times to help a friend. I know that the magistrates respond well to honest testimony and are reasonable and sympathetic people.

 

Make sure that your solicitor knows about your admission of guilt, children, depression and any other mitigating factors.

 

It is highly unlikely that you will be given a custodial sentence.

 

Newspapers

 

Local papers don't often cover the magistrates' courts. To them, a case such as your of admitted benefit fraud would be of little interest and the odds they would report it are very slim.

 

* * *

 

I know you are thinking the worst, but I'm sure things will go well for you in court and the magistrates be lenient. Good luck for Tuesday.

[FitzWilliam]

Quick question, Molly.

 

Do your court papers say 'Trial' or 'Trial Readiness Hearing'?

[FitzWilliam]

The important thing will be what your solicitor tells the court. From what you have written, the main points he might cover are:

 

1. You did some occasional work for a friend and made the mistake of not declaring it. Likewise, with your husband's modest pay rise.

2. You admitted your fault at the IUC and apologised.

3. You have already made an agreement with the council to pay the money back.

4. You have been paying it back for the last 5 months.

5. The solicitor might then question why it has been necessary to summons you to court, since you have already made an agreement to repay the money, and have honoured that agreement.

6. You are very sorry for what you have done.

7. You are the mother of three young children, including twins.

8. You have suffered depression and worry over what has happened.

 

If you think these points are helpful then jot them down for the solicitor. He will have his own ideas, of course, and represent your case as he thinks best.

 

Anyhow, good luck in court.

[FitzWilliam]

Okay, so it's a civil action brought against you by the council and this hearing is to determine whether the case goes any further.

 

Your solicitor might therefore stress that you have admitted your fault, reached an agreement with the council to repay the money, that you have honoured that agreement, and at all times you have co-operated with the council.

 

These might then be grounds for saying that a prosecution is unnecessary and not in the public interest. He might also mention the very short notice you were given for appearing in court.

 

Your solicitor, of course, will have more experience to determine the best course, but I would not rule out challenging the case to prosecute you. See what he thinks.

 

Sorry I didn't reply earlier. Was busy all morning. Good luck in court.

[FitzWilliam]

That sounds like a fair enough judgement to me. I'm glad it was resolved without any harsher penalty.